Page:Copyright Act 1987.pdf/125

Rh party to the application, the first-mentioned party shall pay that amount to the other party and, in default of payment, the first-mentioned party may recover that amount from the other party in a court of competent jurisdiction as a debt due to him.

Applications to Tribunal for apportionment of royalty in respect of a record

159.—(1) This section shall apply where an application is made to the Tribunal in pursuance of paragraph (b) of section 60(3) for an apportionment of an amount payable in respect of a record between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work.

(2) The parties to an application in relation to which this section applies are—
 * (a) the owner of the copyright in the musical work; and
 * (b) the owner of the copyright in the literary or dramatic work.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order apportioning the amount to which the application relates between the parties in such manner as it thinks equitable.

Reference of proposed licence schemes to Tribunal

160.—(1) Where a licensor proposes to bring a licence scheme into operation, he may refer the scheme to the Tribunal.

(2) The parties to a reference under this section are—
 * (a) the licensor referring the scheme; and
 * (b) such organisations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with subsection (3), are made parties to the reference.

(3) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a